Ex parte Smith

— This is an application for the issuance of a writ of habeas corpus for the purpose of ordering that the defendant be admitted to bail pending his appeal.

The petition for the writ sets forth that “ the petitioner was charged, by information in the superior court of Fresno County, of the crime of murder;

“ That thereafter he was convicted of the offense of manslaughter, and sentenced to imprisonment in the state prison for ten years;

“That a motion for a new trial was denied, and the judge of the trial court issued a certificate of probable cause, and an appeal upon the merits of the case is now pending in this court;

“ That the trial court committed errors of law that appear from the face of the record, and that the evidence at the trial was insufficient to justify a conviction;

“ That the trial court has established a uniform rule that it -will not admit any defendant to bail pending appeal upon conviction for felony.”

In this class of cases, bail is allowed as a matter of discretion, and not as a matter of right. (Pen. Code, sec. 1272.)

In Ex parte Smallman, 54 Cal. 36 , this court outlined the general character of facts necessary to exist, upon ■which to base an…